January 10, 2022 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. Jarmuary 10, 2 322
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
"1.1UR5UANT TO SECTION 30.07, PENAL CODE cTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED 14ANIDGUN3, A PERSON LICENSED UNDER
SUBCHAPTER CHAPTER 411, GOVERNMENT CODE CHANDGIIN LICENSING
LAW3, MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY_"
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and Pledge of Allegiance were led by Gay Ferguson, City Clerk_
3_ CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately_
A motion was made by Councilmember Root and seconded by Councilmember Sonnier
to approve the Consent Agenda Item "a" as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
a. Minutes - December 20, 2021 regular meeting
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tem Austin and seconded by Councilmember
Root to approve declare surplus miscellaneous city equipment. MOTION
CARRIED:
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
b. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve Resolution No. 2021-35, ratifying the action of the Nederland Economic
Development Corporation Board of Directors related to Checkerboard Restaurants
III, LLC. MOTION CARRIED.
Minutes Continued, January 10, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
c. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve Resolution No. 2022-01, approving the 2021 tax roll as certified
by the Jefferson County Appraisal District. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem
Austin to approve Resolution No. 2022-02, authorizing the submittal of a Body
Worn Camera Grant application to the State of Texas. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
e. A motion was made by Councilmember Root and seconded by Councilmember
Sonnier to approve Ordinance No. 2022-01, amending Chapter 10, Animals of the
City Code of Ordinances. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
f. A motion was made by Councilmember Root and seconded by Councilmember Neal
to amend the City of Nederland's COVID-19 Testing and Leave Policy. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
g. Chris Duque, City Manager, reported The City of Nederland will receive a total
allocation of $4,304,289.72 in Coronavirus Local Fiscal Recovery Funds (CLFRF)
and the plan requires these funds to be expended by December 31, 2026 for the
following purposes:
• To respond to the public health emergency with respect to COVID-19 or its
negative economic impacts, including assistance to households, small
businesses, and non-profits, or aid to impacted industries such as tourism,
travel, and hospitality;
• To respond to workers performing essential work during the COVID-19
public health emergency by providing premium pay to eligible workers of
the State, territory, or tribal government that are performing such essential
work, or by providing grants to eligible employers that have eligible workers
who perform essential work;
• For the provision of government services to the extent of the reduction of
revenue of such State, territory, or tribal government due to the COVID-19
public health emergency relative to revenues collected in the most recent
full fiscal year of the State, territory, or tribal government prior to the
emergency; or
• To make necessary investments in water, sewer, or broadband
infrastructure.
Last week, the Department Treasury released the Final Rule of these funds, which
included several updates: Staff proposes and suggests discussion of the following
uses and allocations of the CLFRF:
Minutes Continued, January 10, 2022
Program Allocation Timeframe
Non-Profit Partnership Grant $ 500,000 Spring 2022
Waterline Replacement 1,250,000 Spring 2023
Sewerline Replacement 1,250,000 Spring 2023
Vaccination Incentive
Small Business Assistance 500,000 Spring 2022
Utility Bill Assistance 500,000 Spring 2022
Third-Party Administration
(Grant Management) 300,000
At the last meeting there was discussion to assist local non-profit organizations,
the City of Nederland Non-Profit Partnership Grant Program, and investing in
infrastructure. Staff revised the non-profit grant proposal to increase the allocation
from $250,000 to $500,000 with a cap of $25,000 (previously $10,000) per non-
profit organization. The Final Rule establishes the non-profit is eligible if it can
demonstrate decreased revenue, financial insecurity, increased costs, capacity to
weather financial hardship and/or challenges covering payroll, rent, mortgage and
other operating costs. The Program would focus on non-profits providing specific
services to the community. The template for the program was modeled after Fort
Bend County. Moving forward with this program requires addressing the eligibility
requirements, such as assistance to non-profits organizations outside of the city
limits. If the Council wanted to leave that option open, then each non-profit would
have to clearly detail how their non-profit assists residents of Nederland. Job
training is a highly encouraged use of the funds. Not being aware of any
Nederland-based organization providing this type of training, an outside agency
would need to be considered.
Staff proposes an allocation of$2.5 million for waterline replacement and sewerline
replacement. Due to the stale of construction projects already funded, it would be
necessary to delay these projects until early 2023.
Staff has discussed a number of other programs for the remaining funds, which
includes a vaccination incentive, small business assistance, and utility bill
assistance. Currently staff is reviewing another a program from another city that
encompasses a vaccination incentive for their residents utilizing gift cards that can
be utilized at registered local businesses. This completes two objectives,
promoting public health through a financial incentive and helping small businesses,
especially those impacted by the COVID-19 pandemic. Gift cards are provided
after the resident gets their first, second, and/or booster vaccine shot ,
administered at a location supervised by the city. The City would host a vaccine
drive and distribute the card to residents who get their vaccine that day(s) or when
they show their vaccine card. The lookback period for expenses under this funding
is March 1, 2021. Defining the potential incentive amount, as well as will the
incentive be phased out into doses would have to be established. The Final Rule
clarified assistance to small businesses. Those eligible have experienced negative
economic impacts or disproportionate impacts of the pandemic, have no more than
500 employees, and are independently owned and operated.
Staff pursued a utility bill assistance program that would provide a one-time credit
on each utility account. Based on the Final Rule, a utility bill assistance program
would require targeted populations rather than all households. The following
households would be eligible:
Minutes Continued, January 10, 2022
• Low-to-moderate income households or communities
• Households that experienced unemployment
• Households that experienced increased food or housing insecurity
• Households that qualify for the Children's Health Insurance Program,
Childcare Subsidies through the Child Care Development Fund (CCDF)
Program, or Medicaid
• Households residing in qualified Census Tracts
• Households that qualify for certain benefits (Temporary Assistance for
Needy Families, Supplemental Nutrition Assistance Program, Free and
reduced-price lunch and/or school breakfast programs, Medicare Part D
Low-Income subsidies, Supplemental Security Income, Head Start and/or
Early Head Start, Special Supplemental Nutrition Program for Women,
Infants, and Children, Section 8 Vouchers, Low-Income Energy Assistance
Programs and Pell Grants.
Staff examined the eligibility for the reduction of revenue within the City's budget
and unfortunately the revised provisions do not meet the City's circumstance. The
City did not report loss in revenue in the General Fund, Water/Sewer Fund or Solid
Waste Fund to justify using funds for this.
Mr. Duque suggested scheduling another public hearing on January 24th at 4:30
p.m. to attempt to solicit additional input from residents, businesses, and non-
profit organizations. No action was taken.
5. COMMUNICATION
City Manager's Report:
a. Miscellaneous: Robert Woods gave a brief construction update
• 17th Street and Avenue N project opened this week and bids are
being reviewed by engineer.
• Bourque and Hodgson Road Rehabilitation project is completed.
• Work on 30th Street (concrete street improvements project) is
scheduled to begin later this week or early next week depending
on the weather.
• Babe Ruth Parking Lot is 80 percent completed.
• Wastewater Treatment Plant phase 1 and phase 2 are scheduled
for completion in April of 2022.
b. City Offices will be closed on Monday, January 17th in observance of
Martin Luther King Day. Garbage will be picked up one day behind
normal schedule.
c. First Town Hall meeting for 2022 is scheduled for January 31th at 5:30
p.m.
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and seconded
by Councilmember Sonnier to adjourn the meeting at 5:20 p.m. MOTION CARRIED.
Minutes Continued, January 10, 2022
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Sonnier, and Root.
Noes: None.
on Albanese, Mayor
City of Nederland, Texas
kf'T04fir: `;
ay Ferguso , City er
City of Nede and, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor V
Talmadge Austin Council Member—Ward I V
Billy Neal Council Member—Ward II V
Randy Sonnier Council Member—Ward III .� /
Sylvia Root Council Member—Ward IV v
Chris Duque City Manager
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
Terry Morton Fire Chief V
Robert Woods Director of Public Works
George Wheeler Building Official V
Molli Hall Librarian V
Holly Guidry Human Resources Director I
Joni Underwood Executive Secretary Vi
Angela Fanette Parks Director V
C.0,1,11 4a—ri-L9-4 S../f
Do Albanese, Ma or
4-/A/L
y Fergus , City lerk
January 10, 2022
Date
RESOLUTION 2021-35
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing and retaining of business enterprises and the
resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation ("Board") relating to project costs associated with Checkerboard Restaurants III,
LLC, in an aggregate maximum amount of not more than Ninety-Four Thousand Fifteen dollars
($94,015.00),in accordance with the terms and conditions as prescribed by the Board, is hereby
ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND,TEXAS this 20th day of December , 2021 at which
meeting a quorum was present and voting.
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aj"Ferguson, ity Clerk
City of Nederland,Texas
APPROVED AS TO FORMAND LEGALITY:
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Jess r cl�Attorney
Ci of ederland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this(Niday of,121v,il(1ili _,2022 at
which meeting a quorum was present and voting.
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fir; - Don Albanese,Mayor
Q'•• 4.• n 4 City of Nederland,Texas
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Gay Fergu ofCity Clerr � �/�
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jesse anic •y Attorney
City If N-:-rland,Texas
CITY OF NEDERLAND
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND APPROVING THE
2021 TAX ROLL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT pursuant to the Texas Property Tax Code,Section 26.09,that the City Council
of the City of Nederland hereby approve the attached 2021 tax roll.
PASSED AND APPROVED this the 10th day of January, 2022.
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o•. �t.� Don Albanese, Mayor
s - ,,,tp:-- -= City of Nederland, Texas
Pay FergOson, City CI k
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
t
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Jesse : anic ity Attorney
City o Ne•'-rland, Texas
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ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AMENDING SECTION
10-25 OF CHAPTER 10 (ANIMALS) OF THE CODE OF
ORDINANCES OF THE CITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES AND POLICIES IN
CONFLICT OR PARTS OF ORDINANCES AND
POLICIES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Nederland City Council finds that it has a compelling interest
in managing the public health via animal control ordinances; and
WHEREAS, the State Legislature passed Senate Bill 5 addressing the unlawful
restraint of a dog; and
WHEREAS, the City Council deems it necessary and in the public interest of
the City to amend Chapter 10 (Animals)of the Code of Ordinances, as set forth herein
below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND,TEXAS THAT:
Section 1. Section 10-25 of Chapter 10 (Animals) of the Code of Ordinances
of the City of Nederland is revised as follows:
SECTION 10-25. Standard of Care.
An animal owner,caretaker shall provide each animal in his/her care,custody and control,
the following:
• FOOD: a sufficient amount and type of food suitable for the species, size and age of
the animal and in a quantity for the animal to maintain a healthy body condition and
wellness.
• WATER: clean potable water available 24/7 and kept in such a way that it is not
exposed to the elements.Water shall be maintained within a temperature range of 33-
80 degrees Fahrenheit. The water container shall be affixed so that animal cannot
empty it other than by ingesting.
• SHELTER/ADEQUATE SHELTER: an animal's shelter shall be constructed in such
a way as to have at least three sides/walls,a roof and a floor.The shelter shall be large
enough for the animal to stand up and turn around unencumbered. The shelter shall be
maintained in such a way it does not become offensive to the public or the animal and
is clean of debris and feces.
For a dog, an "adequate shelter" means a sturdy structure that provides the dog
protection from inclement weather and with dimensions that allow the dog while in the
shelter to stand erect,sit,turn around,and lie down in a normal position.
• SHADE: an animal owner shall provide sufficient SHADE for the animal in the event
the ambient temperature is above 80 degrees Fahrenheit. This SHADE shall be
displayed and secured in such a way as to offer the animal protection from the elements,
and more specifically the sun.
• CONTAINMENT-CAGING: the Containment of an animal shall be kept in such a
way that it is free of debris,trash and feces at all times.The fencing shall be kept so as
1
to be well maintained and safe for the animal contained. A minimum size shall be
10'X10'or 100 Square feet.
• RESTRAINT/CHAIN: an animal may be chain or tethered under the following
conditions:the chain or tethering system shall not allow the animal to leave the owner's
property,no chain or tether shall weigh more than 1/8 of the animal's body weight,any
chain or tether shall be at least twenty feet in length and have swivels on both ends,any
chain or tether must be attached to a properly fitting collar or harness worn by the
animal that shall be made of nylon,leather or other durable and non-metallic material
(the use of a chain,a restraint with weights attached,choke or pinch collar as a primary
collar is prohibited),and all collars shall fit an animal so as to avoid causing injury to
the animal or becoming imbedded in the animal's neck.
Additionally,for a dog ONLY,the owner may not leave a dog outside and unattended
by use of a restraint unless the owner provides the dog access to an adequate shelter,
an area that allows the dog to avoid standing water and exposure to excessive animal
waste,shade from direct sunlight,and potable water. An owner may not restrain a dog
outside and unattended by use of a restraint that is shorter in length than the greater of:
1)five times the length of the dog,as measured from the tip of the dog's nose to the
base of the dog's tail or 2) 10 feet. These dog-specific requirements do not apply to a
restraint attached to a trolley system that allows the dog to move along a running line
for a distance equal to or greater than the previously specified lengths.
EXCEPTIONS RELATED TO A DOG ONLY
The SHELTER and RESTRAINT/CHAIN language does not apply to the following:
1) the use of a restraint on a dog in a public camping or recreational area in compliance
with the requirements of the public camping or recreational area as defined by a federal,
state,or local authority or jurisdiction;
2) the use of a restraint on a dog while the owner and dog engage in,or actively train for,
an activity conducted under a valid license issued by this state provided the activity is
associated with the use or presence of a dog;
3) the use of a restraint on a dog while the owner and dog engage in conduct directly
related to the business of shepherding or herding cattle or livestock;
4) the use of a restraint on a dog while the owner and dog engage in conduct directly
related to the business of cultivating agricultural products;
5) a dog left unattended in an open-air truck bed only for the time reasonably necessary
for the owner to complete a temporary task that requires the dog to be left unattended
in the truck bed;
6) a dog taken by the owner, or another person with the owner 's permission, from the
owner's residence or property and restrained by the owner or the person for not longer
than the time necessary for the owner to engage in an activity that requires the dog to
be temporarily restrained;or
7) a dog restrained while the owner and dog are engaged in, or actively training for,
hunting or field trialing.
Section 2. All ordinances,or parts of ordinances,or policies or parts of policies
in conflict with this ordinance, are hereby repealed, to the extent of conflict only.
Section 3. If any section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to a particular set of persons or circumstances
should for any person be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various portions and
provisions of this Ordinance are declared to be severable.
Section 4. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code Chapter 551.
Section 5. This ordinance shall become effective from and after its passage
and publication as provide by law.
PASSED AND APPROVED by the City Council of the City of Nederland this
2
th1" t"'cl,ay of January, 2022.
1-C-. -,)eitt J6-04-e---
_�, ', }_ Don Albanese, Mayor
��•. ��_ cO`; City of Nederland, Texas
ay Fer uson, City lerk
APPROVED AS TO FORM AND LEGALITY:
Jesse : fk, ity Attorney
3
RESOLUTION NO. 2022-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, AUTHORIZING THE SUBMITTAL
OF A GRANT APPLICATION TO THE STATE OF TEXAS,
PUBLIC SAFETY OFFICE, FOR THE CITY OF NEDERLAND
BODY WORN CAMERA RENEWAL GRANT
WHEREAS, the Nederland City Council finds it in the best interest of the citizens of
Nederland, Texas, that the City of Nederland Body Worn Camera Renewal Grant be
submitted to the State of Texas Public Safety Office; and
WHEREAS,the Nederland City Council agrees to provide applicable matching funds
for said project as required by the State of Texas, Body Worn Camera Renewal grant
application; and
WHEREAS,the Nederland City Council agrees that in the event of the loss or misuse
of the funds, the Nederland City Council assures that the funds will be returned to the
State in full; and
WHEREAS, the Nederland City Council designates the City Manager as the
grantee's authorized official. The authorized official is given the power to apply for, accept,
reject, alter, or terminate the grant on behalf of the applicant agency.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,to authorize the submission of the grant application for The City of
Nederland Body Worn Camera Renewal Grant to the State of Texas.
PASSED AND APPROVED by the City Council of the City of Nederland this the 10TH
day of January, 2022.
cool • C4f a,�,„�.._ ___
-cam:,,, ,j :®= Don Albanese, Mayor
Ica% City of Nederland, Texas
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ATTES FFF
ay Fergu on, City Clem
APPROVED AS TO FORM AND LEGALITY:
Jesse if,etaiityorney